Federal Court. Was the Minister “required to consider the “direct and immediate statutorily prescribed consequences” of the s 501(3) cancellation decision he was contemplating”? If so, was the non-applicability of the relevant ministerial direction (Direction No. 79) a “direct and immediate statutorily prescribed consequence” of the Minister’s s 501(3) decision that the Minister ought to have considered”?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Was the Minister under an “obligation to consider the legal or procedural consequences as an antecedent matter in selecting to exercise the power to cancel the Applicant’s visa under s 501(3) as opposed to s 501(2), and in the circumstances of the Applicant’s case”?
Question 2: Was the Minister “required to consider the “direct and immediate statutorily prescribed consequences” of the s 501(3) cancellation decision he was contemplating”?
Question 3: If the answer to Question 2 is ‘yes’, was the non-applicability of the relevant ministerial direction (Direction No. 79) a “direct and immediate statutorily prescribed consequence” of the Minister’s s 501(3) decision that the Minister ought to have considered”?
Question 4: Was an order by the Children’s Court of Victoria that the Applicant be detained for 18 months in a Youth Justice Centre “a term of imprisonment for 12 months or more” within the meaning of s 501(7)(c) of the Migration Act 1958 (Cth)?
Question 5: Can a failure to take into account non-refoulement obligations in the assessment of the national interest under s 501(3)(d) be characterised as a failure to take into account a mandatory relevant consideration?
The FCA answered those questions as follows:
The remainder of this article is only available to Case Law and Platinum subscribers.
Read our Terms & Conditions and upgrade below:
Monthly Subscriptions
Annual Subscriptions
Where GST applies, the above amounts are inclusive of GST.
Content Types
Basic Content includes basic news, some media articles and selected announcements.
Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.
Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.
Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.
If you already have a Case Law or Platinum subscription, click on 'Login' below.